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  1. #1
    Member สมาชิก Andi's Avatar
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    Default Paternity leave eligibility? Fiancée pregnant (foreign national abroad)

    Hi,

    Searched for hours and no info found on this subject.
    Struggling to get time off work at present as I have limited cover available on shift. I am the only one who can carry out Team Leader role on my shift. Other shifts have deputy team leader so anyone can cover the Team Leader and the Deputy takes the Team Leader role. Because I don't have a Deputy I am very limited to getting cover and makes it much more difficulty for my compared to others. I've complained for years now on equality but keep getting excuses. To point now I am seriously considering resigning my role, taking the paycut and going back to a simply Operator so have the opportunities for cover, holidays or swap shifts such as other Team Leaders. Sorry... that is my background anyway. Fiancee maybe pregnant again (lost first from accident at 8 weeks). She has visited me in UK for nearly 11 weeks with youngest child. We now look for a Settlement VISA. I've visited her 5 periods in a year now. But as above it is more difficult to get cover compared to others.

    If she is pregnant am I entitled to paternity leave?
    Also how about the '
    Additional Paternity Leave Regulations 2010'?

    Thanks,

    Andi



  2. #2
    Moderator Tobias's Avatar
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    The fact the mother of the child lives abroad is irrelevant, have a look at the link below and if you have any questions Fire away.

    https://www.gov.uk/employers-paterni...ve/eligibility
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

  3. #3
    Member สมาชิก Andi's Avatar
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    Still unclear to me. Knowing my employer who seems to like placing hurdles just in my own path and not others, I am worried they'd reject paternity leave.

    I am also curious to know about info regarding the 'Additional Paternity Leave Regulations 2010' and if eligble as would allow me to help her much more and be together for definite during the birth.

  4. #4
    Premium Member Gary & Nok's Avatar
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    The father is entitled to paternity leave and it would be difficult for your employer to put "hurdles" in your way.
    Unfortunately I don't have my "Rights at Work" book with me at home so cannot quote you the employment law and your rights on this.

    If she is pregnant am I entitled to paternity leave?
    I believe you are not entitled to leave just because she is pregnant. If memory serves right your entitlement only starts after the birth.

    I'm sure Mr T would be able to answer any particular questions and as you see he has offered to do so.
    Last edited by Gary & Nok; 23rd Nov 2014 at 15:27.
    Bye Bye EU Day 31st December 2020 (11 p.m.)

  5. #5
    Member สมาชิก Andi's Avatar
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    The 'Additional Paternity Leave Regulations 2010' allows the father is have increased paternity leave. I believe this is at the expense of the mother having reduced maternity leave. But then she would not be taking maternity leave as not eligible. So wondered... am I eligible for the additional paternity leave?

    If my company can they will put hurdles in my way. It's as though they have a mandate on it. (would add 'lol' but I ain't laughing).

    Guess even with paternity leave unless I can get time off work around the expected due date...difficult as in my OP... then I will miss the birth of my child and support to my fiancee during the stressful build up to the birth. All I can do is try to get time off around the expected due date followed by paternity leave after.

  6. #6
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    I had to give my employer at least 15 weeks notice...they granted me paternity leave for 2 weeks on full pay ( which they did not have to) and i tagged on two weeks annual leave to this when my child was born in Thailand earlier this year.

    Cheers..

  7. #7
    Premium Member Gary & Nok's Avatar
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    Just been reading up on this in my Law at Work 2014 (A trade union guide to employment law) and I'm afraid there is a part in here that states
    both parties must be directly employed to access shared parental leave. If the mother is self-employed, her directly employed partner will have no right to shared parental leave.
    It says the new laws can be found in part 7 of the Children and Families act 2014 so I would suggest a look at that to see if there is anything there that can help on this.
    Bye Bye EU Day 31st December 2020 (11 p.m.)

  8. #8
    Member สมาชิก Andi's Avatar
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    Thank you for that Gary. I think the fact she does not work in UK would mean I am not entitled to anything. But I'd apply for the paternity leave of a week. Think I can get another week but it is only at half pay which would hit us both hard financially. So I pray if a birth occurs it is kind and falls either side of my 10 days off rota. Unfortunately I can not book holidays. They are pre-assigned through my shift rota. Plus as a Team Leader I have limited cover opportunities (only 2 people to ask) and no Deputy Team Leader (which would mean him covering and I could ask anyone of 12 people to cover me). Which is unfair as other Team Leaders all have Deputies. But that's another subject....

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